Jones v. Department of Police
Also decided on this docket: La. Ct. App. 1st Cir., May 16, 1962 141 So. 2d 478; La., March 15, 1878 30 La. Ann. 478; La. Ct. App. 1st Cir., November 20, 1911 9 Teiss. 43
Jones v. Department of Police, 269 So. 2d 273 (La. Ct. App. 1st Cir. 1972).
Cited by
- Jones v. Department of Police 270 So. 2d 877 La. 1973
Authorities cited
Identified automatically; this list may not be exhaustive.
- Blake v. Giarrusso 263 So. 2d 392
- Blake v. Giarrusso 262 La. 1154
- Board of Commissioners v. Gypsum Transportation, Ltd. 266 So. 2d 442
Opinion text
REDMANN, Judge. Plaintiff police patrolmen appeal from the rejection by the New Orleans Civil Service Commission of their demand for promotion to vacant field sergeant positions which the Department superintendent has declined to fill from a three-year-old eligibility list. Plaintiffs are the 23 highest-ranked remaining persons on the list (47 promotions having earlier occurred) ; there are 20 vacancies which have more recently occurred. In all material respects we find this litigation identical in principle with Blake v. Giarrusso, 263 So.2d 392 (La.App., 1972) writ refused 262 La. 1154 , 266 So.2d 442 . There, rejecting a similar claim by lieutenants seeking captaincies, we held the superintendent has no mandatory duty to fill vacancies by promotion from an earlier-established list of eligibles. As also pointed out in Blake , under Const, art. 14 § 15 subd. (0) (1), “The decision of the [appropriate Civil Service] Commission [shall be] final on the facts * * * ” and not subject to appellate review. The commission’s decision is affirmed. Affirmed